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DHS amends regulation to remove 30-day processing provision for asylum employment authorization applications

  1. Original Date Announced

    June 22, 2020

    DHS has removed a regulatory provision stating that USCIS has 30 days from the date an asylum applicant files the initial Form I–765, Application for Employment Authorization (EAD application), to grant or deny that initial employment authorization application. This rule also removes the provision requiring that the application for renewal must be received by USCIS 90 days prior to the expiration of the employment authorization. This rule was signed by Chad Mizelle, Senior Official Performing the Duties of the General Counsel, on behalf of Acting Secretary Wolf.

    [ID #985]

    Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications
  2. Effective Date

    August 21, 2020
  3.  
  4. Biden Administration Action: Approved/Retained

    May 4, 2021

    2021.05.04 RATIFICATION

    On May 4, 2021, Secretary Mayorkas ratified prior delegable actions and decisions regarding the approval, issuance, signing, and publication of the Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications rulemaking.

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  5. Biden Administration Action: Approved/Retained

    May 7, 2021

    DHS Ratifies Rule that Removes 30 Day EAD Processing Requirement _ Homeland Security

    Secretary Mayorkas ratifies the policy identified in this entry. On May 7, 2021, DHS issued a press release announcing they were ratifying the Trump administration rule, while acknowledging the importance of issuing timely work authorizations.

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  6. Biden Administration Action: Under Study

    June 14, 2021

    Rescission of "Asylum Application, Interview, & Employment Authorization" Rule and Change to "Removal of 30 Day Processing Provision for Asylum Applicant Related Form I-765 Employment Authorization"

    This notice made known the Biden administration's intent to rescind or substantively revise the Trump-era policy identified in this entry.

    DHS announced in the Uniform Regulatory Agenda that it plans to issue a notice of proposed rulemaking that would rescind or substantively revise two final rules related to employment authorization for asylum applicants, including the August 21, 2020 final rule that removed DHS regulatory provisions stating that USCIS has 30 days from the date an asylum applicant files the initial Form I-765, Application for Employment Authorization, to grant or deny that initial employment authorization application.

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  7. Biden Administration Action: Approved/Retained

    July 30, 2021

    2021.07.30 Ratification of Department Actions

    This Biden administration policy ratifies the Trump-era policy identified in this entry.

    On July 30, 2021, DHS issued a notice confirming Secretary Mayorkas's May 4, 2021, ratification of the September 9, 2019, and June 22, 2020, Trump-era policies.

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Current Status

Fully in Effect
May 4, 2021
Acted on by Biden Administration
May 7, 2021
Acted on by Biden Administration
June 14, 2021
Acted on by Biden Administration
July 30, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Rule
Agencies Affected: USCIS DHS

Pre Trump-Era Policies

Commentary

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